How long do I have to file a personal injury case in Indiana?

There’s a reason why victims are frequently encouraged to speak with a lawyer and take legal action as soon as possible after an accident or serious injury. Contrary to popular belief, accident victims don’t have unlimited time to file a lawsuit to seek compensation for injuries and other losses.

The amount of time accident victims have to file a lawsuit is relatively short, and governed by a legal concept known as the statute of limitations.

Statutes of limitations protect potential defendants from living under the perpetual threat of a lawsuit by spelling out just how long potential plaintiffs have to exercise their right to a legal remedy. These laws can vary between categories of law (i.e. civil and criminal), by state, and even by the type of case.

In Indiana, the statute of limitations for personal injury cases is two years. This means a victim must file a lawsuit within two years of the date of the accident or injury, or risk having his or her case dismissed without being heard. However, there are a few exceptions.

For example, Indiana’s statutes of limitations are subject to something called the discovery rule. In cases where a victim wouldn’t be immediately aware of an injury, the clock on the statute of limitations starts running when he discovered—or reasonably should have discovered—the injury in question. The statute of limitations may also pause or “toll” the time period for victims who are minors or mentally incompetent.

Do You Need a Personal Injury Lawyer?

If you were injured as a result of another person’s negligence, a knowledgeable personal injury lawyer can help you understand how Indiana’s statute of limitations laws may affect your case. Choose a lawyer you can trust. As a former police captain turned Indianapolis personal injury lawyer, Randy Sevenish has more than 30 years of experience helping accident and injury victims just like you. Don’t wait: contact Sevenish Law today to schedule a free initial consultation to discuss the details of your potential lawsuit.